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View Diary: Obama Administration Tries to Stifle Free Speech thereby Making Whistle Blowing Illegal (22 comments)

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  •  Completely in Line (2+ / 0-)
    Recommended by:
    Johnny Q, allie4fairness

    with this administration's record of punishing truth-tellers.

    Color me shocked.

    What the American Civil Liberties Union argued in its amicus brief submitted clearly outlines how this position by the Obama administration discourages individuals from coming forward to testify in public corruption trials.

    “A public official who has information that is relevant to an ongoing public corruption investigation may come forward and speak to the FBI if she can be confident that the government will later compel her testimony under subpoena, so as to insulate her from retaliatory action. But far more likely, uncertainty in the law—combined with the fact that the employee’s job hangs in the balance—will dissuade the employee from coming forward altogether,” the ACLU’s brief declares.

    “Sworn statements relevant to a judicial proceeding always advance the judiciary’s truth-seeking function, and always fulfill an individual’s civic responsibility.” They should be protected by the First Amendment. Unfortunately, the Obama administration believes it must have the power to retaliate and dissuade employees from engaging in speech that might embarrass or reflect poorly on the government.

    Glad to see the ACLU is on this. I have to wonder - do the people dissing this because it's from FDL also have credibility issues with the ACLU and Sotomayor?
    •  Source of the above commentary? (7+ / 0-)

      Because it's not the ACLU document you linked to.

      “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

      by Catte Nappe on Wed Apr 30, 2014 at 11:15:48 AM PDT

      [ Parent ]

      •  It's from the same piece at FDL (0+ / 0-)

        referencing the ACLU doc.

        •  Which piece has errors (6+ / 0-)

          Since:
          There was already law withholding 1st amendment protection from employees from a prior SCOTUS case in 2006.

          In Garcetti, the closely divided Court held that, when public employees make statements “pursuant to their official duties,” such speech is not protected by the First Amendment.  
          And the feds agreed that the employee in this current case should have been protected.
          Lane is not the only one to argue that the Eleventh Circuit’s categorical exclusion of First Amendment protection for subpoenaed testimony is incorrect:  the Solicitor General, representing the United States as an amicus, agrees with him.
          http://www.scotusblog.com/...

          “Texas is a so-called red state, but you’ve got 10 million Democrats here in Texas. And …, there are a whole lot of people here in Texas who need us, and who need us to fight for them.” President Obama

          by Catte Nappe on Wed Apr 30, 2014 at 11:36:45 AM PDT

          [ Parent ]

    •  No, FDL simply gets it wrong. (4+ / 0-)

      The USG was coming out in favor of a broadening of protections, given the Court's decision in 2006 in Garcetti.  The Solicitor General simply does not ask for blanket protection, as the ACLU does.  The reason for this is institutional.  The SG holds a special place for amicus filings with the Court.  They, therefore, will rarely intervene to urge overuling a recent precedent, as that can damage their reputation with the Court.  The ACLU has the luxury of urging a maximalist position, since its opinion carries much less weight with the Court.

      I’ve said before, I will always work with anyone who is willing to make this law work even better. But the debate over repealing this law is over. The Affordable Care Act is here to stay. -- President Barack Obama

      by Its the Supreme Court Stupid on Wed Apr 30, 2014 at 11:46:24 AM PDT

      [ Parent ]

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